12-1-1 Scope and Applicability:

A nonconforming building, or structure may be maintained, repaired, altered, remodeled or enlarged only as provided in this Article.

12-1-2 Repairs; maintenance; renovation; alterations:

Maintenance, repairs, renovations, reconstruction and alterations may be made to a nonconforming building or structure, provided that no enlargement or intensification of the use supported by such nonconforming building or structure shall be made, except as allowed herein.

12-1-3 Additions; enlargement; moving:

12-1-3.1 A nonconforming building or structure shall not be added to or enlarged in any manner unless such addition and enlargement is made to conform to all the regulations of the district in which it is located.

12-1-3.2 A building or structure which does not comply with height or setback regulations shall not be added to or enlarged in any manner unless such addition or enlargement conforms to all the regulations of the district in which it is located, provided that the total aggregate floor area included in all such additions and enlargements does not exceed seventy-five percent (75%) of the pre-existing floor area contained in said building or structure.

12-1-3.3 A building, structure or use lacking sufficient automobile parking space in connection therewith, as required in Article 10, may be renovated, altered or enlarged, provided that additional automobile parking space is supplied to meet the requirements of Article 10 for the increased units; square footage enlargement or other increase in intensity.

12-1-3.4 No nonconforming building or structure shall be moved in whole or in part to any other location on the lot unless every portion of such building or structure is made to conform to all the regulations of the district in which it is located.

12-1-3.5 Legal nonconforming (grandfathered) mobile or manufactured homes may be replaced provided that all of the following provisions are met:

a.

If the home is located within a mobile or manufactured home park, the replacement home must be comparable in size to the existing home. The zoning administrator may waive this requirement upon making a written finding that a smaller or larger home could be accommodated on the site and would not be detrimental to neighboring properties.

b.

The replacement home must be in conformance with the then current HUD Manufactured Housing Code.

c.

The replacement home must be in the specific location of the existing home, unless the zoning administrator finds that relocation would result in better conformance with current setback and yard regulations. In all cases, the replacement home must be located on the same lot as the existing home which will be removed.

d.

The replacement home shall be subject to the requirements of Article 28-2-1.1 and 28-2-2.2.

e.

A building permit must be obtained prior to placement of the new home.

12-1-4 Restoration of damaged buildings:

A nonconforming building or structure which is damaged or partially destroyed by fire, flood, wind, earthquake or other calamity or act of God or the public enemy, to the extent of not more than seventy-five percent (75%) of its value, exclusive of foundations at that time, may be restored and the occupancy or use of such building, structure or part thereof which existed at the time of such partial destruction may be continued or resumed, provided that such restoration is completed within two (2) years. In the event that such damage or destruction exceeds seventy-five percent (75%) of the value, of such nonconforming building or structure, no repairs or reconstruction shall be made unless every portion of such building or structure is made to conform to all regulations for new buildings in the district in which it is located, with the following exception: Single-family detached and duplex dwellings so damaged may be replaced in kind, with no increase in size of any kind if replaced within the above time frame. In no case shall any building or structure, including dwellings, be reconstructed in violation of the provisions of Article 8A of this Chapter.

12-1-5 Two-year vacancy:

A nonconforming building, structure or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a continuous period of two years shall not thereafter be occupied, except by a use which conforms to the use regulations of the district in which it is located.

12-1-6 Permits:

All nonconforming uses shall obtain a certificate of occupancy within ninety (90) days after the adoption of this Article. Such certificate shall be issued promptly upon the written request of the owner or operator of a nonconforming use. The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this Article may proceed, provided that such building is completed and use established therein within one year or such use of land established within thirty (30) days after the effective date of this Article.

(Ord. of 5-2-2006(2))

12-2-1 Continuation and change of use:

Except as otherwise provided in this Article:

12-2-1.1 The nonconforming use of a building or structure lawfully existing at the time this Ordinance (or part thereof causing the nonconformity) became effective, may be continued;

12-2-1.2 The use of a lawful nonconforming building or structure may be changed to a use of the same or more restricted classification, but where the use of a lawful nonconforming building or structure is hereafter changed to a use of a more restricted classification, it shall not thereafter be changed to a use of a less restricted classification.

12-2-2 Expansion prohibited:

A lawful nonconforming use of a conforming building or structure (i.e., commercial use in a dwelling, etc.) shall not be expanded, enlarged or extended into any other portion of such conforming building, or structure nor changed, except to reduce the extent of nonconformity or to change to a conforming use. If such a lawful nonconforming use or portion thereof is discontinued for a continuous period of two years or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.

(Ord. of 5-2-2006(2))

12-3-1 Continuation of use:

The lawful nonconforming use of land, existing at the effective date of this ordinance (or part thereof causing the nonconformity) may be continued, provided:

12-3-1.1 That no such nonconforming use of land shall be expanded, enlarged or extended further on to either the same or adjoining property.

12-3-1.2 That if such nonconforming use of land or any portion thereof is discontinued, for a period of two years, or changed to a conforming use, any future use of such land shall be in conformity with the provisions of this ordinance.

12-3-1.3 That any sign, billboard, commercial advertising structure or statuary, which is lawfully existing and maintained at the time this ordinance became effective, may be continued, although such use does not conform with the provisions hereof; provided, however, that no structural alterations shall be made thereto.

12-3-1.4 Automobile graveyards and junkyards in existence at the time of the adoption of this ordinance shall be allowed up to two (2) years after adoption of this ordinance in which to completely screen all portions of the operation reserved for the storage, whether temporary or permanent, of inoperable motor vehicles or portions thereof, on any side open to view from a public road, by use of buildings, a masonry wall, a uniformly painted solid board fence or evergreen hedge, or equally effective device seven (7) feet in height.

Before any allowable proposed improvement which requires a building permit can be made to an automobile graveyard or junkyard in existence at the time of the adoption of this ordinance, a site plan which meets all standards outlined in Article 20 of the Zoning Ordinance must be approved. All setback requirements and other bulk regulations of the zoning district in which it is located shall be applicable.

(Ord. of 5-2-2006(2))

The foregoing provisions of this Article shall also apply to buildings, structures, land, or uses which hereafter become nonconforming due to any reclassification of districts under this ordinance or any subsequent change in the regulations of this ordinance.

(Ord. of 5-2-2006(2))